Chapter

Joint Criminal Ventures and Murder

Jeremy Horder

in Homicide and the Politics of Law Reform

Published in print July 2012 | ISBN: 9780199561919
Published online September 2012 | e-ISBN: 9780191743306 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199561919.003.0006

Series: Oxford Monographs on Criminal Law and Justice

Joint Criminal Ventures and Murder

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This chapter defends the law commission's proposals for liability for homicide arising from a joint criminal venture. It defends the common law view, namely that when someone foresees that another party to a joint criminal venture may commit murder, and that other person does commit murder, the person who foresaw that the murder might take place in the course of the venture is also liable to be convicted of murder. Quite simply, someone should not be permitted to avoid secondary liability for the very crime that they foresaw might be committed in the course of a criminal venture in which they were a willing participant. The chapter also discusses the dilemma of the codifier of the law, who is caught between demands for detailed exposition of the law, and competing demands for simplicity and economy of language in offence definition.

Keywords: joint criminal venture; secondary liability; murder; codification; law commission

Chapter.  11945 words. 

Subjects: Criminal Law

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